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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 9603 OF 2016

[@ SPECIAL LEAVE PETITION (C) NO. 8835 OF 2016 ] DELHI DEVELOPMENT AUTHORITY Appellant(s)

                               VERSUS PRAMA BHANDARI & ORS. Respondent(s)

WITH CIVIL APPEAL NO. 9604 OF 2016

[@ SPECIAL LEAVE PETITION (C) NO. 10617 OF 2016 ]

J U D G M E N T

KURIAN, J.

C.A. No. 9603 of 2016 (@ SLP (C) No. 8835/2016)

1. Leave granted.   

2. The issue, in principle, is covered against the appellant by judgments in Civil Appeal No. 8477  of  2016  arising  out  of  Special  Leave Petition (C) No. 8467 of 2015 and Civil Appeal No. 5811 of 2015 arising out of Special Leave Petition (C) No. 21545 of 2015.   

3. This appeal is, accordingly, dismissed.

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4. In the peculiar facts and circumstances of this  case, the appellant is given a period of one year to exercise its liberty granted under Section 24(2) of the Right to Fair Compensation and  Transparency  in  Land  Acquisition, Rehabilitation  and  Resettlement  Act,  2013  for initiation of the acquisition proceedings afresh.

5. We  make  it  clear  that  in  case  no  fresh acquisition proceedings are initiated within the said period of one year from today by issuing a Notification under Section 11 of the Act, the appellant,  if  in  possession,  shall  return  the physical possession of the land to the original land owner.

6. However, we make it clear that this Judgment shall have no bearing on the dispute, which is now pending before the High Court in CS(OS)No. 1607 of 2003 and CS(OS)No. 1772 of 2003, which shall be disposed of by the High Court on their own merits.       

Pending applications, if any, stand disposed of.

No costs.

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C.A. No. 9604 of 2016 (@ SLP (C) No. 10617/2016)

Leave granted.   

In  view  of  the  Judgment  passed  in C.A.No.9603 of 2016 (@ SLP (C) No. 8835/2016), as above, this appeal is dismissed.

Pending applications, if any, stand disposed of.

No costs.  

.......................J.               [ KURIAN JOSEPH ]  

.......................J.              [ ROHINTON FALI NARIMAN ]

New Delhi; September 22, 2016.

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